Delhi APO 2005

Which of the following statements is correct? (A) Section 115 of the Indian Evidence Act applies to contracts by infants (B) Pardanashin ladies are exempt from estoppel (C) A representation made by an agent is effectual for the purpose of estoppel as if it had been made by his principal (D) An admission by an avocate even if it is erroneous in law is binding on his client

Verified Answer
A. Section 115 of the Indian Evidence Act applies to contracts by infants
B. Pardanashin ladies are exempt from estoppel
C. A representation made by an agent is effectual for the purpose of estoppel as if it had been made by his principal
D. An admission by an avocate even if it is erroneous in law is binding on his client

Explanation:

Under the principles of agency, a representation made by an agent acting within the scope of their actual or apparent authority is considered to be the representation of the principal. Therefore, such a representation can give rise to an estoppel against the principal, as if the principal had made the representation directly. Options (A), (B), and (D) are incorrect based on established legal principles regarding minors, pardanashin ladies, and advocate admissions.